The family of a man who died in agony on Christmas Day after doctors failed to diagnose his Crohn's disease several times has received a six-figure sum in compensation.

Malcom Drake, from Stoke-on-Trent, died in 2007 after he developed an abscess following a perforation in his bowel caused by the disease.

The 23-year-old went to hospital three days before his death but a locum GP misdiagnosed his condition as a muscle strain and told him to go home.

At the time, he was in agony and unable to walk.

Mr Drake had sought help at the same A&E department earlier that week but was sent home on that occasion as well.

If Crohn's disease had been identified, he could have undergone emergency surgery which would have saved his life.

Stoke-on-Trent Primary Care Trust (PCT) has admitted the locum GP should have sought a second opinion from a senior doctor given this was the second time in a week Mr Drake had come to A&E with the same symptoms.

Mr Drake died at home on Christmas Day, after insisting his fiancee Sophie Lindop took their baby son Zak, who was then just five months old, to her mother's for Christmas Dinner.

When she returned home, he was dead.

Miss Lindop told Sky News: "I am relieved that our battle for justice is now over but it doesn't take away the anger I feel that Malcolm should still be alive today.

"Our little boy Zak is now four years old.

"He starts school in a few days time and this should have been a milestone in his life which he should have shared with both his parents.

"Sadly he will never remember his Daddy and has been robbed of all the time they should have had together.

"At times it's been incredibly hard to cope but I've had to carry on for the sake of our son.

"Malcolm was a devoted father and, as Zak grows up, I will make sure he knows what a wonderful man he was."

A large proportion of the compensation will be held by the court until Zak is 18.

Mr Drake initially became ill suffering from diarrhoea and sickness together with severe stomach pains. He was told it was a stomach bug.

In the following weeks, the symptoms became worse. He lost his appetite, developed unbearable pain in his abdomen and a swelling in his leg. He struggled to walk and was bent double in pain.

Despite seeing his own GP and going to A&E on several occasions, Mr Drake was told he had a muscular disorder or a groin strain.

On December 22, 2007, he was rushed by ambulance to University Hospital in Stoke.

On this occasion, he was seen by Dr Aw, a locum GP employed by the PCT, who was being allowed to work in the A&E department while facilities for an on-site minor injuries unit were established. It was his first day working at the hospital.

Sophie Lindop could not believe how her partner was treated: "Malcolm was in a terrible state. I had never seen him like this before and he was shouting out in pain.

"He had collapsed while at home alone and had to shuffle across the floor to call an ambulance. On the way to A&E he had to have gas and air as he was in so much pain.

"I just couldn't believe it when the doctor repeated that it was probably just muscle strain and told Malcolm to get dressed and go home.

"We had no choice but to leave when the doctor insisted there was nothing seriously wrong and said he would not admit him.

"I had to get him a wheelchair to leave the hospital as he was too ill to even walk.

"I somehow managed to get him back home and struggled to get him out of the car. Once in the house, he collapsed in the lounge."

By Christmas Eve, Malcolm was unable to move from the sofa and was being constantly sick.

A further phone call was made to the couple's GP surgery but a doctor did not visit Malcolm at home.

Sophie's father desperately attempted to resuscitate Malcolm on Christmas Day but when paramedics arrived they confirmed he was dead.

A post-mortem examination confirmed Malcolm had died as a result of sepsis (blood poisoning) brought about by a peri-ileal abscess (bowel abscess) which had developed as a result of the undiagnosed disease.

A spokeswoman for NHS Stoke-on-Trent said: "The trust reiterates its apology and sadness for the shortcomings which led to the death of Mr Drake.

"A settlement has now been reached and we hope that this will help Ms Lindop and her family in the future."

The family's lawyer, Lindsay Gibb, of Irwin Mitchell, told Sky News: "The system in place at the time meant that in effect it was 'pot luck' whether Malcolm was seen by a member of A&E staff or by the PCT's locum GP.

"A decision was made by someone that Malcolm had a 'minor injury' and so could be seen by the locum GP rather than hospital staff, even though it was clear that he was very unwell and had also attended the same A&E department just nine days earlier with the same symptoms.

"One of the findings of the Hospital Trust's own investigation revealed that, had Malcolm been seen by any other doctor working in A&E that day, he would probably have been referred for senior review, particularly as we understand their protocol is that anyone who attends A&E with the same symptoms within a short period of time should be reviewed by a senior member of the department.

"It is not clear whether the GP in question was even aware of this protocol or had received any relevant training as to department's practices.

"We very much hope that the Trust has now adopted new procedures to ensure that such basic failings will never be allowed to happen again and that the NHS as a whole will learn important lessons to protect patient safety."